Tag Archives: Eye injury

Where (1) a minor shot another child in the face with a paintball gun, (2) on the basis of an indemnity clause in a vendor agreement between the paintgun maker and a retailer, the paintgun shooter and his parents brought a third-party complaint against the manufacturer for contribution and indemnification, (3) the victim and his parents settled their claims against the paintgun shooter and his parents and with the retailer, (4) the shooter and his parents then assigned their claims against the manufacturer to the victim and his parents, (5) the victim and his parents amended their complaint to bring indemnification claims against the manufacturer and (6) a judge awarded summary judgment to the manufacturer, we hold that the summary judgment must be vacated because a genuine issue exists as to whether the customer’s act of negligence was the sole proximate cause of the subject injury.